For the last 28 years, the Condo Adviser has appeared as a weekly column in the Real Estate section of the Sunday Chicago Tribune to educate the public concerning condominium and community association issues.

The Condo Adviser column will no longer appear weekly, but will be published periodically (approximately monthly).

Please continue to send your questions, comments and concerns for publication to the Condo Adviser's email address. Here's looking forward to another 28 years.

Q: I live in a condominium association and I think the board is attempting to circumvent the recent ruling in the Palm v. 2800 Lake Shore Drive (Palm II) case. In order to address ongoing issues with a large roof membrane and rooftop deck replacement project, our five-person board created a committee to discuss the roof project issues and the committee comprises all five board members. The board did so believing that committees do not need to provide notice to the unit owners. Is this allowed?

A: As readers of this column have been advised since 2014, the Palm II case rulings have affected how condominium boards operate. Among a few different rulings, Palm II holds that a quorum of the board cannot discuss association business without notice to the unit owners.

With all five board members of a five-person board sitting on a committee, more than a quorum of the board will be discussing association business and, thus, notice to the unit owners must be properly delivered. The charade of creating a committee versus holding a board meeting does not relieve the board from providing proper notice to the unit owners.

Q: I am a resident in a high-rise condominium building and another resident, who lives alone, creates regular disturbances at all hours of the day. The police have been called many times over the years and have taken away this person by ambulance for a mental health evaluation, but the resident always returns a few days later. What can be done to stop the nuisances?

A: The board of directors possesses various remedies to address violations of the governing documents, such as a nuisance to other unit owners, including levying fines and/or obtaining declaratory relief (i.e., seeking a court order forcing a unit owner to take action or cease taking action).

However, if the nuisances do relate to an individual with mental health issues, the deterrent effects of levying fines may be of nominal or no use, and a court order may be of limited use because the individual may not have the ability to control his or her actions. In such situations, the board of directors should work with the immediate family to ensure that proper mental health services are provided to the resident to live harmoniously in the association.

If the family is unwilling to become involved, in extreme circumstances, the board should consider working with the public guardian's office and any applicable municipal agencies for the mentally ill to determine whether the appointment of a guardian is appropriate and/or the if there are appropriate mental health services to be provided to the individual, which may include a discussion if different living arrangements are in the best interest of the individual.

A version of this article appeared in print on March 27, 2016, in the Real Estate section of the Chicago Tribune with the headline "Meeting notice required if board quorum convenes - Condo Adviser" —
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